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Enhanced Recovery and Midland

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Kimberly68
Regular Contributor

Enhanced Recovery and Midland

in reviewing my credit report and preparing PFD/GW letters I noticed the date both companies have as an opened date is incorrect.  Perhaps this is the date they acquired the debt but I've never received anything from them.  I know the last time I dealt with ATT was June 2012 because the problem continued and they never resolved it therefore I asked to be released from my contract which was due to expire in 90 days. Unfortunately I bec seriously ill and was unable to follow up. As I'm now in the rebuilding stage I'm cleaning items from my reports. How should I appro these two creditors with their dates incorrect. According to CK they were added 7/2014  One is an ATT bill that the SOL has expired and the other I'm not sure of   Please advise. I'm paying or resolving this week. 

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2 REPLIES 2
gdale6
Moderator Emeritus

Re: Enhanced Recovery and Midland


@Kimberly68 wrote:

in reviewing my credit report and preparing PFD/GW letters I noticed the date both companies have as an opened date is incorrect.  Perhaps this is the date they acquired the debt but I've never received anything from them.  I know the last time I dealt with ATT was June 2012 because the problem continued and they never resolved it therefore I asked to be released from my contract which was due to expire in 90 days. Unfortunately I bec seriously ill and was unable to follow up. As I'm now in the rebuilding stage I'm cleaning items from my reports. How should I appro these two creditors with their dates incorrect. According to CK they were added 7/2014  One is an ATT bill that the SOL has expired and the other I'm not sure of   Please advise. I'm paying or resolving this week. 


The opening date reported by a CA or JDB is just the date they received the debt. They still have to operate from the DoFD that the OC is reporting. If these were in June 2012 the SOL has not expired in any state, if you are referring to the federal 2 year statute, that is for billings between carriers and doesnt apply to end users, written contract SOL is the one that applies. I would call ATT ask them to recall the CA and then pay them off in full, if they wont do this then go with PFD to the CA and once its paid off GW letters with the OC.

Message 2 of 3
RobertEG
Legendary Contributor

Re: Enhanced Recovery and Midland

Since there appears to be an issue over when the debt first became delinquent, and thus the date of tolling of the SOL and/or of credit report exclusion, I would first recommend getting the DOFD that was reported to your credit file.

 

The debt collector is required to obtain and report the DOFD on the OC account to the CRA no later than 90 days after reporting of their collection, so the DOFD must be of record in your credit file.  If the commercial credit report you ordered does not show the DOFD, then order a report from annualcreditreport.com or directly from the CRA.

You can then evaluate whether the reported DOFD is accurate, and if not accurate, file a dispute.

 

You could also request debt validation if you contest the amount of the debt, in whole or in part.

That would impose a cessation of collection activities until they provide validtation of the debt, but wont require any deletion of their credit reporting.

 

However, a DV must be filed within 30 days of any dunning notice in order to be timely.

Did the debt collectors send dunning notice?

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